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the young queen was not to leave her father's court until not only the ceremony of her betrothal to her uncle should have taken place, but until the promised constitution should have been sworn to in Lisbon, Although the independence of Brazil had been formally recognized in 1825, Portugal had hitherto looked upon that country, so long as it was under one sovereign with herself, as forming not merely a part of the same monarchy, but as still having the character of a colonial adjunct, which many accidents might bring back to a state of colonial subjection. The separation was now final and complete; it was no longer an act of a revolutionary government, whose pretensions might be disregarded as rebellious; the supreme and legitimate authority had dissolved the connection for ever. This dissolution equally offended two parties in Portugal, totally opposed to each other in their ultimate views. The apostolical party, as it was called, whose creed consisted in the most extravagant notions of prerogative, stretched to their most chimerical extent, and who held the right of supremacy in the mother country over the colonies, to be no less divine and indefeasible than the right of supremacy in the sovereign over the mother country, considered it to be, in principle, a formal approbation of insurrection, and, in practice, a direct encouragement to future treasons, the destruction of all social order, and a degrada, tion of the power and dignity of the Portuguese crown. The liberals, again, who languished for the extermination of despotism, regret. ted the choice of Don Pedro, because they could not expect that a temporary regency would venture upon any change in the forms of

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government, and because the destined husband of the queen had already shewn himself to be decidedly hostile to every degree of political innovation. Both parties united in ascribing the emperor's determination to the influence of Great Britain, who followed, they said, only her own interest, in dismembering and weakening the Portuguese monarchy, in making Portugal dependent upon her in Europe, and monopolizing to herself the advantages of commercial intercourse in America, All these ideas were overturned by the course of events. It was just as chimerical for Portugal to hope that she could reduce Brazil by force, as it would have been impossi ble to prevail upon the latter to return under the supremacy of the mother country. What had happened in the Spanish colonies was most convincing proof, that the recognition of Brazilian independence was the only step which could preserve some sort of connection between that country and Portugal. Brazil was still governed by a member of the family of Portugal; but the policy of the apostolics would have produced their banishment from its shores, and insured the creation of a republic as a bulwark against their ever returning.

The new constitution which Don Pedro had promised to Portugal immediately followed, and was the last act of his authority over that kingdom. The haste, with which it was concocted, did not augur well for the sagacity of its arrangements. The constitution which had been given to Brazil in December 1825 was at hand; and the charter which was now given to Portugal was, in point of fact, little else than a transcript of the former, with the difference that the upper

chamber of the Brazilian legisla tive assembly ly was formed of elective senators, while the upper chamber of the Portuguese Cortes consisted of hereditary peers. Now, no plan could be more crude and hasty, no measure could promise of itself to be so little successful, as to transfer to Portugal both the general forms and the details of institutions which had been framed for Brazil, a country where the organization of society, the progress of civil life, the habits, the sentiments, and the 'prejudices of the people, differed so widely from those of ancient European states. If they were suitable and expedient institutions at Rio Janeiro, the probability was, that they would be found misplaced and embarrassing on the banks of the Tagus, except in so far as they proclaimed those abstract and general propositions which belong equally to all forms of good government, and yet are practically useless in the framing of any. 30 2

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To the Cortes, as the legislative body, was declared to belong the right to appoint, in case of the minority of the heir, a regency, and define its powers, and to acknowledge the prince royal to be heir of the throne in the first session, which should be held after his birth-a provision which seemed superfluous, if hereditary succession was to be a fundamental principle of the constitution, and implied a power in the Cortes of changing the dynasty, or at least, the order of the dynasty, at every new accession. To them, likewise, it belonged, on the death of the king, or in the event of the throne being vacant, to establish a Council of Administration ;—to inquire into and reform abuses which might have been introduced make laws, and to interpret, suspend, or revoke them; to watch over the constitution, and provide for the general good of the nation;

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This constitutional charter, in 145 articles, arranged under eight titles, attempted to draw the line between the executive and legislative power, and to define specifically the rights of the people. To the king were reserved the prerogatives of making peace and war, with the exception that any treaty which might exchange or to fix annually the public excede any part of the territory or penses, and apportion the direct possessions of the crown should be taxes to grant or refuse entrance ratified by the Cortes; to bestow to foreign forces, by land or by sea, honours and grant pensions, the into the interior of the kingdom, latter, when given at the public or into its ports; to fix annually charge, being dependent on the and according to the report of goapprobation of the Cortés; to no- vernment, the land and sea forces, minate to all ecclesiastical dignities, ordinary and extraordinary ;-to band to all civil and military offices;authorize the government to conto convoke the Cortes, either attract loans to establish proper the stated time of assembling, or, if circumstances should require it, in an extraordinary meeting; to

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resources for the payment of the public debt; to regulate the administration of the national do

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that every

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man's house was inviolable; that
no citizen should be obliged to do,
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thing whatever, unless by virtue
of a law; that no law should have
a retrospective effect; that every one
might communicate his thoughts,
whether verbally or by writing,
and publish them in print, being
responsible for any abuses
which
he might commit in the exercise
of this right, according to the
forms determined by the law; that
no person should be persecuted for
the sake of religion, as long as he
respected that of the state, and did
not offend public morality; that
every man might remain in the
kingdom, or depart from it, and
carry with him all his property,
conforming, nevertheless, to police
regulations.

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mains, and decree their alienation; to create or suppress public offices, and to fix their emoluments;-to determine the weight, value, inscription, and denomination of monies, as well as the standard of weights and measures.ro nu endi The Cortes, by whom these powers were to be exercised, was to consist of two chambers, a chamber of Peers, and a chamber of Deputies, the approbation of both being necessary to the making of laws. The peers were deprived of their right of exemption from taxation, and were declared to be the only judges in impeachments of public servants. The number of representatives to be elected to the chamber of Deputies, and the mode of their election, were not provided for by the charter, but it laid down the general qualifications to be required in a voter, and provided, If nothing more were required after the example of America, and to make a constitution suited to the revolutionary Cortes of Spain, the wants, and conformable to the and of Portugal in 1822, that the habits and opinions of a people, ⚫ deputies should be re-imbursed for than to frame it upon dogmas of * their expenses in travelling to and most theoretical liberality, and from Lisbon, and receive a daily enunciate, as its foundation, gesum for their attendance. In the neral propositions most unquestionjudicial department, trial by jury ably true, the charter, which was was introduced; it was declared thus granted to Portugal, ought to that the judges should not be have insured her happiness. But removeable at the will of the the efficacy of all such institutions own and torture, the use of the depends upon the details by which and branding with hot iron, general rules are to be reduced to were formally abolished. The practice, and still more upon the Roman Catholic religion was de- spirit which is to animate the execlared to be the religion of thecution of these details. Thus, to state; the exercise of all others was know whether any real good will indeed allowed, but only on the follow from a charter which de-condition of not being performed clares that every subject may do in any building distinguishable as every thing which is not prohibited a church. The general rights and by an express law, it is necessary liberties of the people were em- to know what is the nature and bodied being declarations that all constitution, what the feelings and were equal in the eye of the law, modes of thinking of the power by bound equally to defend the state which these laws are to be made, by military service, and to contri- and above all what are the rules

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which govern, and the spirit which pervades, the tribunals by which these laws are to be administered. But, at all events, the granting of this charter was a fair and voluntary attempt of Don Pedro to introduce a representative government, and it was more than a fulfilment of his father's promise to restore at least the ancient Cortes of Lamego. It had not been wrested from him either by force, or even by prayers and remonstrances; and therefore could not with any good grace be resisted even by the cabinets which held that all political changes must proceed as a gift from the crown. In itself, it still left to the king enough of splendor and prerogative to place it beyond the reach of any objection from the lovers of absolute power, except the simple objection that it was not unadulterated despotism.

When this Constitution arrived at Lisbon, the regent and her counsellors delayed its promulgation, not from any design of suppressing it, or impeding its execution, but to be prepared for opposition-an opposition which the political changes of Portugal during the last four years rendered not improbable. This caution, how ever, was, in some respects, mischievous. For, although the people in general received with favour the boon which was thus granted to them, there were many who, from pure love of despotism, hated it for its own sake; there were many, who disliked it, because they regarded it as a proof of the preponderance of British influence in the counsels of Portugal; and there were some foreign potentates will ing to plot against it, because they dreaded every acknowledgment of popular rights as dangerous to the stability of their own thrones. All

these drew, hope and confidence from the delay in the publication of the constitution, which they imputed to lukewarmness or apprehension in the government while those again who regarded the constitution with affection were agitated by undefined fears that the benefits which the king had resolved to bestow upon his subjects were to be intercepted by domestic treason, or by the unwarrantable interference of foreign powers. The consequence of this feeling was indignation and distrust, which threatened the public tranquillity. General Saldanha, who was governor of Oporto, and immediately afterwards was named minister of war, stated in a report to the regent, that the first intelligence of the granting of a constitution had been received in that city not only with the greatest joy, but with a firm resolution to exact the full enjoyment of the benefits conferred by the sovereign; that this resolution had gained strength in proportion as its necessity was apparently increased by the silence of the government; and that the joy which at first had animated the people and the troops of the garrison, gave way to distrust. The peaceable character of the inhabitants, and the discipline which he had enforced among his soldiers, had enabled him to keep them within the bounds of duty and moderation, and they had contented themselves with manifesting their enthusiasm in the theatres. "But," added the general, "I must frankly tell your highness, that, if this state of uncertainty and distrust be suffered to continue, and if the first post does not bring positive orders for taking the oath to the constitutional charter, it is

impossible to preserve tranquillity, or to calculate the fatal consequences of such a state of things." The opponents of the constitution were as restless as its friends; their mutual animosities daily augmented; plots were forming among the military not only to oppose the introduction of the representative form of government, but to exclude the descendants of Don Pedro from the throne, and elevate his younger brother, Don Miguel, in his stead. These antipathies and machinations broke out at last in acts of open violence, which, however, were immediately checked by the vigour and firmness with which Saldanha acted. The disaffected party in Oporto where, after Lisbon, public opinion is of most importance, was crushed, and did not again show itself even during the revolutionary movements which soon followed in other parts of the kingdom.

On the 13th of July, the adop tion of the constitution had been proclaimed; and the 31st of that month was appointed as the day on which, in accordance with the provisions of the charter, the oath to it should be taken by all the members and servants of government, the dignified clergy, the municipal magistrates, and public functionaries, throughout the monarchy. At Lisbon the ceremony was performed with much pomp and popular shew the mourning for the late king was suspended; the city was illuminated, and for three days presented one continued scene of festivity and public rejoicing. The troops shared in the enthusiasm of the people; the new system seemed to be firmly fixed in the af fections and opinion of the capital; the council of regency was at an end; the Infanta became sole sove

reign; and a new ministry was formed, consisting entirely of men who were known to be the friends of liberal institutions, though not of military revolution. Throughout the provinces, like wise, the ceremony passed off, in general, without any manifestations of disaffection to the charter on the part of the people. The ministers of foreign powers maintained the usual diplomatic relations with the government of the regent, and either virtually or expressly recognized its legitimacy, with the exception of Spain, whose policy, however, it did not suit publicly to withdraw her ambassador. Britain not only expressly recognized, but, by her influence, was the bulwark of the constitution; nay, the enemies of the charter laboured to excite popular discontent against it, by representing it as an engine framed by Britain as a means of perpetuating her influence over Portugal, and securing the insignificance of the monarchy by confirming for ever the separation of the colonies from the mother country. But the only influence which England possessed in Portugal, independent of that arising from commercial relations, was the influence of great power, always used with good faith, to confer great benefits.

In the proclamation in which the charter was promulgated, the regency, in order to conciliate those who thought change synonymous with anarchy, from whatever source it might be derived, had pointed out how much it differed in character from that which had been forced upon the nation by military usurpation, in 1822.

The charter," said they, in that proclamation, "is not a forced concession; it is a voluntary and

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